HomeMy WebLinkAbout91-1329
KETHA M. WILLIAMS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACflON -lAW
THOMAS DALE
WILliAMS,
Defendant
NO. /3:1.1 CIVIL, 1991
IN DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prornpt action. You are warned that if you fail
to do so, the case may proceed without you and a decree of divorce or annulrnent may be
entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You rnay lose money or
property or other rights irnportant to you, including custody or visitation of your children.
When the grounds for the divorce is indignities or irretrievable breakdown of the
marriage, you rnay request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at the Cumberland County Court House, Carlisle,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
lAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR lAWYER AT ONCE. IF YOU
DO NOT HA VB A lAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Court Administrator, Third Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240-6200
FLOWER, KRAMER, MORGENTHAL & FWWER
Attorneys for the Plaintiff
By
rJMf) nn ~H-^--
Ro er M. Morgenthil, Esquire
ID # 17143
11 East High Street
Carlisle, P A 17013
(717) 243-5513
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERlAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
KETHA M. WILLIAMS,
Plaintiff
THOMAS DALE WILLIAMS,
Defendant
: NO. 13.1 , CIVIL, 1991
: IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I - UNDER SECTION 201(c) OF THE DIVORCE CODE
AND NOW comes KETHA M. WILLIAMS, Plaintiff in the above captioned Divorce
Action, by her Attorneys, Flower, Kramer, Morgenthal & Flower, and states the following
cause of action:
1. Plaintiff is KETHA M. WILLIAMS, an adult individual residing at 1069
Petersburg Road, Boiling Springs, Cumberland County, PA 17007.
2. Defendant is THOMAS DALE WILLIAMS, an adult individual residing at 1069
Petersburg Road, Boiling Springs, Cumberland County, PA 17007.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six months previous to the filing of this Complaint.
4. The Plaintiff and Defendant were rnarried on June 7, 1981, in, Cumberland
County, P A.
5. The Plaintiff and Defendant are both citizens of the United States of America and
are not members of the Armed Forces.
6. There have been no prior actions of divorce or for annulment between the parties
in this or in any other jurisdiction.
7. Plaintiff has been advised of the availability of counseling and understands that
she may have the right to request that the Court require the parties to participate in
counseling.
8. The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce
pursuant to Section 201(c) of the Pennsylvania Divorce Code.
COUNT II - EOUITABLE DISTRIBUTION
9. Paragraphs 1 through 8 hereof are incorporated herein by reference.
10. During the marriage, Plaintiff and Defendant have acquired various items or
marital property, both real and personal, which are subject to equitable distribution under
Section 401 of the Pennsylvania Divorce Code of 1980, as amended.
11. Defendant may have owned, prior to this marriage, real or personal property
which has increased in value during the marriage and/or which has been exchanged for
other property which has increased in value during the rnarriage, all of which is "marital
property."
12. Plaintiff and Defendant have been unable to agree as to an equitable division
of said property to the date of the filing of this Complaint, and substantial portions of said
property are in the exclusive control of Defendant.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree for
Equitable Distribution pursuant to Section 401 of the Pennsylvania Divorce Code.
DATE: April 15, 1991.
FLOWER, KRAMER, MORGENTIIAL & FLOWER
Attorneys of Plaintiff
By:-4PJld-nf)(\~
R ger M. Morgenthal, Esq.
lD. No. 17143
11 East High Street
Carlisle, PA 17013'
(717) 243-5513
(FAX) (717) 243-6510
..
VERIFICATION
I HEREBY certify that I am KETIIA M. WILliAMS, Plaintiff in the within action,
and that I have read the foregoing Complaint and hereby affirm and verify that it is true and
correct to the best of my knowledge and belief. I further verify that all of the statements
set forth in the foregoing Complaint are true and correct to the best of my knowledge,
information and belief, and that false statements made therein may subject me to the
penalties of 18 P A. C.S. Section 4904 relating to unsworn falsification to authorities.
~ f Jr a ':1Y], ar LA OJ~"Q/Yl.J\
KETIIA M. WILLIAMS
DATE: April 15, 1991.
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KETHA M. WILLIAMS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1329 CIVIL 1991
THOMAS DALE WILLIAMS,
Defendant
IN DIVORCE
ORDER OF COURT
AND now this
;]J~u-t... 11 . day of December, 1992, the attached Marital
Settlement Agreement is incorporated into the Decree in Divorce.
By the Court,
AJ=i.
J.
KETHA M. WILLIAMS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 1329 CIVIL 1991
THOMAS DALE WILLIAMS,
Defendant
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS Agreement made this I tV/...
day of (/1c~{J',^
, 1992 by
and between KETHA M. WILLIAMS, of 1648 Trindle Road, Carlisle, Cumberland County,
Pennsylvania, hereinafter referred to as WIFE, and THOMAS D. WILLIAMS, of 1069 Petersburg
Road, Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined in marriage on June
7, 1981, in Cumberland County, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, to the No. 1329, Civil, 1991; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial
and property rights and obligations as between each other, including, without limitation, the settling
of all matters between them relating to the ownership of real and personal property, and in general,
the settling of any and all claims and possible claims against the other or against their respective
estates.
NOW, THEREFORE, in consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
each intending to be legally bound, hereby covenant and agree as follows:
1. Advice of Counsel: The parties hereto acknowledge that each has been notified of
his or her right to consult with counsel of his or her choice, and have been provided a copy of this
agreement with which to consult with counsel. WIFE is represented by Carol J. Lindsay, Esquire,
and HUSBAND is represented by Anthony L. DeLuca, Esquire. Each party acknowledges and
accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered
into freely and voluntarily, after having received such advice and with such knowledge as each has
sought from counsel, and that execution of this agreement is not the result of any duress or undue
influence, and that it is not the result of any improper or illegal agreement or agreements.
2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will
execute, on the date of this agreement, Affidavits of Consent under Section 3301 (c) of the Divorce
Code, consenting to the entry of a Decree in Divorce.
3. Personal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and individual property of the party in whose possession it is as of the date of this agreement.
WIFE will retain the parties 1986 Chevrolet Astro Van, and HUSBAND will execute any and all
documents to transfer all his right, title and interest in said van to WIFE. WIFE shall indemnify and
hold HUSBAND harmless against all claims on account of said vehicle. HUSBAND will retain the
Volkswagon automobile, the dump truck, and the farm equipment, including but not limited to, the
Ford tractor, the J.D. 140 tractor, and other farm equipment presently in his possession. HUSBAND
will indemnify and hold WIFE harmless against any loss on account of any charges on account of
2
said property. In particular, HUSBAND will indemnify and hold WIFE harmless against the parties
mortgage, and the loan taken for the purchase of the dump truck.
The parties are owners of 100 shares of Ridge Creek Gas and Oil Company stock.
The parties will equally divide the shares.
The parties acknowledge that they have equitably and satisfactorily divided all of the
remainder of their personal property and that all such property shall be the sole and individual
property of the party in whose possession it is as of the date of this agreement.
4. Real Property: The parties are owners of a marital home situate at 1069 Petersburg
Road, Boiling Springs, Cumberland County, Pennsylvania. Upon the payment to her of $38,000.00,
WIFE will transfer to HUSBAND all her right, title and interest in the marital home. HUSBAND's
payment of $38,000.00 shall be made on or before November 25, 1992. Time is of the essence of
this provision of the Agreement. HUSBAND will pay all mortgage payments to Adams County
National Bank, payments on the second mortgage to Pennsylvania National Bank, taxes and
insurance, and all other charges on the marital home, and will indemnify and hold WIFE harmless
against any charge on the marital home.
5. Alimony: The parties waive any claim that they may have one against the other for
alimony or spousal support. The parties acknowledge that each has sufficient assets with which
to maintain themselves after divorce.
6. Marital Debt: The parties have, in their own names, certain credit card accounts
which may include some marital debt. Each party will be responsible for the debt on the credit card
accounts in his or her name. Each party will incur no debt for which the other may be liable, and
will indemnify and hold the other harmless for any debt so incurred.
3
7. Custody: The parties are parents of children, PATRICK LEE WILLIAMS, born August
30, 1977, ADAM BRADLEY WILLIAMS, born September 23, 1986 and ALICIA JOELLE WILLIAMS,
born April 21, 1988. The parties shall share legal custody of said child. WIFE shall have primary
physical custody of said children, and HUSBAND shall have partial custody at such times as the
parties can agree.
8. Child Support: HUSBAND and WIFE have entered into an agreement for the support
of their children, a copy of which is attached hereto as Exhibit "A". The terms of that agreement are
incorporated into this Marital Settlement Agreement.
Additionally, the parties will maintain life insurance in at least the face amounts they
had as of August 1, 1991 until the youngest child of the parties attains eighteen (18) years of age.
The beneficiary of said life insurance shall be the parties' chiidren. Upon written request of either
party to the other, each party shall provide written proof to the other of the beneficiary of the life
insurance accounts in which each has an interest, and the face amount of each policy.
9. MOdification: No modification, recision, or amendment of this agreement shall be
effective unless in writing signed by each of the parties hereto.
10. Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
11. Agreement Binding on Parties and Heirs: This agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors in any interest of the parties.
12. Agreement Not to be Merged: This agreement shall be incorporated into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not
4
be merged into said decree. The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
13. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
14. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, titles, interests or claims in or
against the property (including income and gain from property hereafter accruing, of the other) or
against the estate of such other, of whatever nature and wheresoever situate, which she or he now
has or at any time hereafter may have against such other, the estate of such other or any part
thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other,
or by way of dower or curtesy, or claims in the nature of dower or curtesy of widows' or widowers'
rights, family exemption or similar allowance, or under the intestate laws, or the right to take against
the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may
have, or at any time hereafter have, for past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or before the breach of any
thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this
5
Agreement a full, complete and general release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and
only except, all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement, or for the breach of any thereof, subject, however, to the
implementation and satisfaction of the condition precedent as set forth herein above.
Wife hereby waives any claim to Husband's pension.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
~th() ,l.{yl, Uru..ilt~ (Seal)
etha M. V\/itliams
.- ,~ () uL~ A~/YYZ-~ (Seal)
Thomas D. Williams
6
:
SUPPORT AGREEMENT
We, the undersigned, KETHA M. 'ilILLIPJ1S, of 1648 '!'rindle Road, Carlisle,
PA and THOMAS D. \.JILLIAMS, of 1069 Petersburg Road, Boiling ~prings. PL,
have come to our own support agreement. The agreement is as follow~:
IN AGREEMENT, the sum of $125.00 shall be paid by THOMAS D. WPLIAK3 -1;0
KETHA M. WILLIAMS on or before Friday of each week beginning Friday,
October 4, 1991.
IN AGREEMENT, THOMAS D. WILLIAMS shall provide insurance coverage through
his work, st. Johnsbury Trucking Company, Terminal Road, Camp HUI, PA,
and TEAMSTERS Local #776, Reading, PA for our children, Patrick Lee, "ge 14,
Adam Bradley, age 5, and Alicia Joelle, age 3. KETHA M. WILLIAMS, wife,
shall also be provided full in..: .'.. ce coverage until the time a final
divorce decree is issued.
In the event that the insurance doesn't allow for complete charges on
office visits, prescriptions, etc. i.e. $25 office charge, insurance pays
$20, and when all allowable funds for the year have been used, it is a-
greed that the balance be split equally between KETHA M. WILLIAMS and
THOMAS D..WILLIAMS. These monies will be handled as the situations
arise.
In the event that disagreements arise or monies aren't paid, it is agreed
by KETHA M. 'ilILLIAMS and THOMAS D. WILLIAMS to vvid this support agreement
and proceed with a court order and hearing date through Domestic Rela-
tions.
Meanwhile, we the undersigned. ask that our support agreement be kept on
file by our attorneys" Roger Morgenthal of Carlisle, and Anthony DeLuca
of Boiling Springs.
In complete agreement, we the undersigned are:
'-(/iz/) YIj. ui OP"dmJI
Ketha H. Williams
~J&~
Witness
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Thomas D.Williams
. {.1./'1 ,', r:: .
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Uitncss
Exhibit "A"
KETHA M. WILLIAMS
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
THOMAS DALE WILLIAMS : NO. 1329 CIVIL, 1991
Defendant
ACCEPTANCE OF SERVICE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
I, THOMAS DALE WILLIAMS, Defendant in the above captioned Divorce Action,
hereby accept service of the Complaint filed on behalf of KETHA M. WILLIAMS, Plaintiff.
.'JL A~ DrP..t V 11'(J/~
THOMAS DALE WIlLIAMS
1069 Petersburg Road
Boiling Springs, P A 17007
DATE: April .2.f' , 1991.
IN THE COURT OF COMMON PLEAS OF
Cill1BERLAND COUNTY, PENNSYLVANIA
NO,
1329
CIVIL
19. 91
KETHA M. WILLIAMS,
Plaintiff
vs.
THOMAS DALE WILLIAMS,
Defendant
PRAECIPE TO TRANSHIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
1. Ground for divorce:
3301 icLmm
(~RAli~~~of the Divorce Code.
irretrievable breakdown under Section ~~91~~~~
(Strike out inapplicable section.)
2. Date and manner of service of the complaint:
Acceotance of Service
April 25, 1991
3. (Complete either paragraph (a) or (b) .)
(a)
,,~~~~)of the
Date of execution of the affidavit of consent required by Section
Divorce Code:. by the plaintiff
November 20, 1992
by defendant
November 21, 1992
(b) (1) Date of execution of the plaintiff's affidavit required by
Section 20l(d) of the Divorce Code:
(2) date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending:
NONE
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
!'i:
STATE OF PENNA.
KETHA M. WILLIAMS,
I
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No. 1329uu..........
..~.I'y~~. 199i
Plaintiff
Versus
THOMASu [JA,I,E .WILLIAMS, u
Defendant. .
DECREE IN
DIVORCE
AND NOW, . . . . . . . . 7!~ . . ./'f ~. ., 19.17.., it is ordered and
decreed that .................. KETHA. M... WJLLJAMS. . . . . . . . . . . . . ., plaintiff,
and. .. . . . . . . . . . . .. . . . . . . .. . . .. .~IjQI1l'!~ .I?~F; .VW'4~l\Wi. . . . . . . . ., defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .NOIm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1329 CIVIL 1991
KETHA M. WILLIAMS,
Plaintiff
THOMAS DALE WILLIAMS,
Defendant
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Withdraw Plaintiff's claim for equitable distribution.
FLOWER, KRAMER, MORGENTHAL & FLOWER
Attorneys for Plaintiff
By:
C rol J. Li dsay, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Date: Ii f j i I (-/ ,~
. !.
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1329 CIVIL 1991
KETHA M. WILLIAMS,
Plaintiff
THOMAS DALE WILLIAMS,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
KETHA M. WILLIAMS, Plaintiff, being duly sworn according to law, deposes and says:
1. That a Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
April 18, 1991.
2. That my marriage with THOMAS DALE WILLIAMS, Defendant, is irretrievably broken.
3. That I consent to the entry of a Decree in Divorce on the grounds that the marriage is
irretrievably broken.
4. That I understand that I may lose rights concerning alimony, division of property,
counseling fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
~JhQ ~. (10;OPA0n0
Ketha M. illiams, Plaintiff
Date: Y7 OlJefYl Ueh. d D) J q q ~
KETHA M. WILLIAMS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
THOMAS DALE WILLIAMS,
Defendant
NO. 1329 CIVIL 1991
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301 (cl of the
Divorce Code was filed on April 18, 1991.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of final decree of divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this affidavit are true
and correct.
I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
Date:
II 6-1 /1 J-
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Thomas Dale Williams, Defendant
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THOMAS D. WILLIAMS
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: NO. 91-1329 CIVIL
KETHA M. LEHMAN,
Defendant
: IN CUSTODY
ORDER
AND NOW, this ,?J' day of November, 2003, upon consideration of Plaintiffs Motion
for Reconsideration and upon Agreement of the Parties, it is ordered and directed as follows:
1. The Parties hereto shall share legal custody oftheir children, Adam Bradley Williams,
born September 23, 1986, and Alicia Joe1le Williams, born April 21, 1988, hereinafter collectively
the Children.
2. Defendant, hereinafter Mother, shall have primary physical custody ofthe Children,
and Plaintiff, hereinafter Father, shall have partial custody ofthe Children on the following schedule:
a. On alternating weekends during the school year from after school on Friday
until Monday morning when Father shall deliver them to school, allow them
to ride the bus to school, or deliver them to Mother's custody at her
residence.
b. During the school year, every Wednesday evening from after school until
Thursday morning when Father shall deliver them to school, allow them to
ride the bus to school, or deliver them to Mother's custody at her residence.
In the event Father wishes to exchange a Wednesday night for some other
night of the week, he may rearrange the schedule with reasonable notice
(defined to be at minimum 24 hours notice) to Mother as soon as a possible
change is known to be needed.
c. Except to the extent that transportation is provided by one ofthe Children by
driving his or her own vehicle, or a school bus, Father shall provide
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transportation for his periods of partial custody. Unless otherwise agreed to
by the Parties, all exchanges shall occur at Mother's residence.
d. Alternating weeks during the summer commencing on the Sunday following
the day when school releases for the summer vacation with the first week of
custody in Father each year. Unless otherwise agreed to by the Parties, the
weeks of custody will start at 7:00 p.m. Friday and end at 7:00 p.m. the
following Friday. Provided, however, that the Parties will see to it that the
Children get to their summer jobs. The Parties will take their summer
vacations during their alternating weeks of custody during the summer.
e. During periods of custody of the Children, Mother and Father shall be
responsible for getting them to their extracurricular and athletic activities. In
the event that it is impossible for a parent to so provide the Children to their
activities, she or he shall provide to the other the opportunity to take the child
to the activity.
f. The Parties hereto agree that they will cooperate and be as flexible as possible
with regard to custody of the Children for any holiday or extended vacation
period. The Parties agree to continue to follow the holiday custody schedule
they have in the past. In the event that any holiday discussed in this section
falls on a weekend or evening visitation of the Party not having primary
physical custody of the Children, then the holiday schedule will take
precedence over the normal custody schedule.
g. Mother shall have custody ofthe Children on every Mother's Day weekend.
Father shall have custody of the Children on every Father's Day weekend.
h. Such other times as the Parties can agree.
3. Each Party shall be responsible for the day-to-day decisions while he or she has
custody ofthe Children. Neither Party has the right to make a unilateral decision regarding medical
treatment (other than emergency treatment). It is agreed between the Parties that any decisions
regarding medical treatment (other than emergency treatment) to be rendered to the Children will
be made jointly.
.
4. Each party agrees to keep the other apprized of any and all matters relating to the
Children's health, education, welfare, and activities.
5. The Parties may agree to modify this schedule without the necessity of a Court Order.
It is specifically agreed between the Parties that visitation with the non-custodial parent shall be as
reasonable, liberal and frequent as possible. The periods outlined above are to take effect if the
Parties can not agree as to a particular custody schedule.
BY THE COURT,
Michael J. Hanft, Esquire
For the Plaintiff
Carol J. Lindsay, Esquire
For the Defendant
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